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Cato Podcast

Unprecedented: The Constitutional Challenge to Obamacare

Cato Podcast

Cato Institute

Immigration, News, News Commentary, Peace, 424708, Markets, Government, Libertarian, Policy, Politics, Cato, Defense

4.5979 Ratings

🗓️ 16 September 2013

⏱️ 11 minutes

🧾️ Download transcript

Summary


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Transcript

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0:00.0

This is the Cato Daily Podcast for Monday, September 16th, 2013.

0:07.0

I'm Caleb Brown.

0:08.0

The Obamacare Supreme Court decision is at once a tough case legally fraught with politics and entirely surprising.

0:15.5

What's clear is the case has already inspired numerous follow-on challenges.

0:19.1

Josh Blackman is author of the new book, Unprecedent the Constitutional Challenge to Obamacare, we spoke today.

0:26.6

So I think what the biggest change to this case has brought us is how the American people

0:30.9

think about the Constitution.

0:33.1

I think we witnessed a rededication to the Constitution through the Tea Party and other groups.

0:37.6

These are groups who weren't just objecting to Obama-Care and policy grounds.

0:41.0

They objecting to it on constitutional grounds. The government cannot make me by

0:44.4

broccoli that goes against with the constitutional liberties we have. So that's one important sense.

0:49.4

But I think in another sense it actually places some limits on what the federal government can and cannot do,

0:54.0

the first with the Commerce Clause.

0:56.0

The Supreme Court said that we're five votes for this position that the federal government cannot

1:00.0

force you to do something that you don't want to do. They cannot make you buy a product

1:05.0

purely because it impacts the health care market. That's what the table.

1:08.0

Second, with respect to spending, the federal government can tell a state, you have to accept this money or else

1:14.1

will take away lots of other money.

1:15.9

So there's a limit there.

1:16.9

If the government wants to give money, there has to be a choice.

1:19.6

The states as sovereigns have the ability to opt in.

1:22.4

And these two aspects of the health care case

...

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